Madras High CourtCRL OP(MD)/5674/2016disposed of

Maheswari, W/O. Selvam, v. The Deputy Superintendent Of

2016-04-01Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.5674 of 2016 Maheswari ... Petitioner/Accused NO.1 Vs.

State, Rep. By the Deputy Superintendent of Police, Virudhunagar East Police Station, Virudhunagar District.

Crime No.150 of 2016.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned District & Sessions Judge, Virudhunagar to consider the bail application on the same day if any filed on her surrender in connection with the Crime No.150 of 2016 on the file of the respondent police.

For Petitioner : Mr.R.Venkateswaran For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for a direction to the learned District & Sessions Judge, Virudhunagar to consider the bail application on the same day if any filed on her surrender in connection with the Crime No.150 of 2016 on the file of the respondent police.

2. The learned counsel for the petitioner also submits that the petitioner has been implicated in this case for the alleged offences under Sections 341, 294(b), 324, 448, 323 and 506(i) IPC r/w 3(1)(r)(s), 3(2)(va) of SC/ST Amendment Act 2015 and that in view of the specific bar under Section 18 of the said Act, the petitioner cannot move any anticipatory bail application and therefore, the petitioner has come https://hcservices.ecourts.gov.in/hcservices/ forward with the said prayer.

3. The learned Government Advocate (Crl. Side) takes notice for the respondents and submitted that the injured has been discharged from the hospital.

4. Considering the submissions of both sides and also considering the nature of the prayer in this case in view of the specific bar under Section 18 of the S.C. & S.T. (Prevention of Atrocities) Act that the petitioner cannot move any anticipatory bail, the learned District & Sessions Judge Virudhunagar, is directed to accept the surrender of the petitioner and consider the bail application, in the event of the petitioner filing such petition in Crime No.150 of 2016 on the file of the respondent police, and dispose of the same on merits and in accordance with law on the same day.

With this observation, this petition is disposed of accordingly. Sd/ Assistant Registrar(R) /True Copy/ Sub Assistant Registrar.

To 1.The District & Sessions Judge Virudhunagar 2.The Deputy Superintendent of Police, Virudhunagar East Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/S. R.Venkateswaran, Advocate, SR.No. 18413 CRL.OP(MD)No.5674 of 2016 01.04.2016 AM/NGM.SS/SAR-I/06.04.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/